Invercargill HRC 8 June 2019 – R 2 – Chair, Prof G Hall
ID: JCA11377
Meet Title:
Invercargill HRC - 8 June 2019
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2019/06/08
Race Number:
R 2
Decision:
As Mr Hurrell has admitted the breach, it is found to be proved.
Penalty:
We believe that the matter is best dealt with by way of a suspension and a fine. The parties accept that Mr Hurrell averages 4 drives per meeting. We suspend him from the conclusion of the meeting on 13 June up to and including 14 June. This is one day. We also fine him the sum of $200.
Facts:
Mr Renault alleged that Mr Hurrell (WOMAN IN CHARGE) moved inside the track marker line to obtain a run in the early stages of the run home in race 2, the THANK YOU KEITH HOTTON PACE 2200 metres.
Rule 869(7A)(b) states: “Every horseman who moves inwards shall ensure that any part of the sulky does not protrude inside the marker line.”
Mr Renault demonstrated that Mr Hurrell was 3 back on the marker pegs and at the 150 metres he had anticipated a passing lane run too soon. He had shifted to the inside of Mr Milne (IT’S A LAUGH) and when Mr Milne shifted into the passing lane, as he was entitled to do, Mr Hurrell ran over two markers as Mr Hurrell ran out of room.
Mr Renault asked that the evidence from the inquiry be considered. Mr Hurrell agreed that this was appropriate. Mr Williamson commented that Mr Hurrell’s horse was travelling well and Mr Hurrell had anticipated that Mr Milne’s horse was battling and he had thought incorrectly, as it turned out, that Mr Milne would not take the passing lane.
Submissions for Penalty:
Mr Renault produced the respondent’s record. Mr Hurrell is a busy junior driver. He has had 331 drives this season. His record is clear under this and related rules.
Mr Renault referred to the JCA guideline of 4 drives or a $200 fine. He said as the respondent’s actions had resulted in the disqualification of his horse, the RIU was seeking an uplift. He believed the breach was comparable to a careless driving breach and he submitted a 3-day suspension was appropriate. He added that a discount was appropriate for Mr Hurrell’s good record.
Mr Hurrell said he had thought Mr Milne was under pressure and would not take the passing lane. He had gone over the pylons because Mr Milne had come down into the passing lane. He stated he preferred a fine to a suspension. He said he was a junior driver and he travelled a long way for drives. He wanted to be able to keep driving. He asked for a deferment until after Forbury on 13 June, were he to be disqualified. Mr Renault had no objection to this.
Reasons for Penalty:
Mr Hurrell’s breach of r 869(7A)(b) has resulted in a disqualification. We believe a suspension is appropriate to mark the gravity of the breach and its consequential effects upon the connections of the horse and those persons who invested on it. We take into account the respondent’s excellent record, his status as a junior driver, and his admission of the breach.
JCA Decision Fields (raw)
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Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 1925f7fc31dcec98685d9cfa3f632e2d
informantnumber: A9819
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Moved inside the track marker line to obtain a run
plea: admitted
penaltyrequired: 1
decisiondate: 12/06/2019
hearing_title: Invercargill HRC 8 June 2019 - R 2 - Chair, Prof G Hall
charge:
facts:
Mr Renault alleged that Mr Hurrell (WOMAN IN CHARGE) moved inside the track marker line to obtain a run in the early stages of the run home in race 2, the THANK YOU KEITH HOTTON PACE 2200 metres.
Rule 869(7A)(b) states: “Every horseman who moves inwards shall ensure that any part of the sulky does not protrude inside the marker line.”
Mr Renault demonstrated that Mr Hurrell was 3 back on the marker pegs and at the 150 metres he had anticipated a passing lane run too soon. He had shifted to the inside of Mr Milne (IT’S A LAUGH) and when Mr Milne shifted into the passing lane, as he was entitled to do, Mr Hurrell ran over two markers as Mr Hurrell ran out of room.
Mr Renault asked that the evidence from the inquiry be considered. Mr Hurrell agreed that this was appropriate. Mr Williamson commented that Mr Hurrell’s horse was travelling well and Mr Hurrell had anticipated that Mr Milne’s horse was battling and he had thought incorrectly, as it turned out, that Mr Milne would not take the passing lane.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Hurrell has admitted the breach, it is found to be proved.
sumissionsforpenalty:
Mr Renault produced the respondent’s record. Mr Hurrell is a busy junior driver. He has had 331 drives this season. His record is clear under this and related rules.
Mr Renault referred to the JCA guideline of 4 drives or a $200 fine. He said as the respondent’s actions had resulted in the disqualification of his horse, the RIU was seeking an uplift. He believed the breach was comparable to a careless driving breach and he submitted a 3-day suspension was appropriate. He added that a discount was appropriate for Mr Hurrell’s good record.
Mr Hurrell said he had thought Mr Milne was under pressure and would not take the passing lane. He had gone over the pylons because Mr Milne had come down into the passing lane. He stated he preferred a fine to a suspension. He said he was a junior driver and he travelled a long way for drives. He wanted to be able to keep driving. He asked for a deferment until after Forbury on 13 June, were he to be disqualified. Mr Renault had no objection to this.
reasonsforpenalty:
Mr Hurrell’s breach of r 869(7A)(b) has resulted in a disqualification. We believe a suspension is appropriate to mark the gravity of the breach and its consequential effects upon the connections of the horse and those persons who invested on it. We take into account the respondent’s excellent record, his status as a junior driver, and his admission of the breach.
penalty:
We believe that the matter is best dealt with by way of a suspension and a fine. The parties accept that Mr Hurrell averages 4 drives per meeting. We suspend him from the conclusion of the meeting on 13 June up to and including 14 June. This is one day. We also fine him the sum of $200.
hearing_type: Hearing
Rules: 869(7A)(b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr M Hurrell- Junior Driver
Otherperson: Mr N Williamson - Open Horseman assisting Mr Hurrell
PersonPresent:
Respondent:
StipendSteward:
raceid: 2247b5104f964e3fa1e35fe8daf1aa06
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c4a20cbe357513834dcc01c0ecec0cee
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/06/2019
meet_title: Invercargill HRC - 8 June 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: MConway
meet_pm2: none
name: Invercargill HRC